907.10
Enforcement - inspection and analysis of seed.

The director of agriculture shall do all of the following:

(A)
Sample, inspect, analyze, and
test agricultural, vegetable, and flower seed sold for sowing purposes, at such
times and places and to such extent as the director regards necessary to
determine whether the seed complies with sections
907.01 to
907.17 of the Revised Code and
notify promptly the person who sold the seed of any violation;

(B)
Adopt rules in accordance with Chapter
119. of the Revised Code that do all of the following:

(1)
Govern the methods of sampling,
inspecting, analyzing, testing, and examining agricultural, vegetable, and
flower seed and the tolerances to be followed. The rules shall be in general
accord with officially prescribed practice in interstate commerce applied in
analyzing and testing the seed.

(2)
Establish prohibited and restricted
noxious-weed seed lists and provide for additions to them and deletions from
them;

(3)
Establish standards for
items including, but not limited to, germination and purity for vegetable seed
and flower seed;

(4)
Adopt any
labeling requirements additional to those of section
907.03 of the Revised Code that may
be necessary to maintain the identification of seed in hermetically sealed
packages or containers;

(5)
Establish the species of native grass that are to be included in the definition
of "native grass" for purposes of sections
907.01 to
907.17 of the Revised Code;

(7)
Establish the tolerance for agricultural,
vegetable, and flower seed that is sold in this state;

(8)
Establish the information that an
applicant must provide on an application for a seed labeler permit that is
filed under section
907.13 of the Revised Code;

(9)
Establish any other provisions
that are necessary to clarify or administer the labeling requirements
established in sections
907.01 to
907.17 of the Revised Code.

(C)
Establish and
maintain seed testing facilities or enter into agreements under which other
persons are responsible for performing seed testing, employ qualified persons,
and incur expenses that are necessary to comply with this section and section
907.11 of the Revised Code;

(D)
Provide for making purity
analyses and germination tests of seeds for any person in this state;

(E)
Regulate the number of samples
that may be analyzed or tests that may be made for any person free of charge;

(F)
Prescribe the period of time
during the year when analyses and tests will be made free of charge;